Thursday, October 27, 2016

The difference between Usool ul-Fiqh and Fiqh

1) Usool ul-Fiqh, as we have mentioned, represents the principles (Qawa’id) that the Mujtahid follows in the Istinbat (extraction) of the practical Shari’ah rulings from their detailed evidences like the Qaa’idah (principle):

‘Working with two evidences is better (more proper) than neglecting one of them’.

This is whilst Fiqh is the ‘Ilm (knowledge) of the practical Ahkam Shari’ah taken from its detailed evidences like: Khamr is Haraam, Al-Jihaad is Fard. Tahaarah is a Shart (condition) from the conditions of the validity of the Salaah and like Haid (menses) is A Maani’ (prevention) for the performance of the Salaah.

2) Usool ul-Fiqh includes studies in relation to the language and its principles because these principles are necessary for Ijtihad. This is like: The studies about the Haqeeqah (literal) and Majaaz (metaphorical), the meanings of the Huroof Al-Jarr (prepositions), the Huroof Ash-Shart, and the general Alfaazh (expressions) amongst other matters.

This is whilst Fiqh is restricted to the explanation of the Hukm Shar’i that is a requirement of the Mukallaf like: The Salaah is Fard, ‘Umrah is Sunnah (Mandoob) and Riba is Haraam.

3) Usool ul-Fiqh examines the Ijmaaliy Shar’i Daleel like the Qur’an, Sunnah, Qiyas and Ijmaa’ in respect to establishing that it has come from Allah and then it examines what came within it in terms of principles and forms like: The Khusoos and the ‘Umoom (specific and general), the Mutlaq and the Muqayyad (unrestricted and restricted), Al-Mujmal (general/un-detailed) and Al-Bayaan (explanation) and An-Naskh (abrogation).

This is whilst Fiqh examines the Daleel Al-Juz’iy (partial evidence) that guides to or indicates a specific Hukm for a matter or an action for the purpose of the Mukallaf abiding by it. So for example it will examine the Ayah:

وَقَاتِلُوا الْمُشْرِكِينَ كَافَّةً كَمَا يُقَاتِلُونَكُمْ كَافَّةً
“And fight against the disbelievers collectively as they fight against you collectively”
  [TMQ At-Taubah 36]

And the Ayah:

وَأَحَلَّ اللَّـهُ الْبَيْعَ وَحَرَّمَ الرِّبَا
And Allah has made trade Halaal and made Riba (usury) Haraam”  [TMQ Al-Baqarah 275]

And the Hadith:

‘If two Khalifahs are given the Bai’ah then kill the latter of the two’  [Muslim]

And the Ijmaa As-Sahabah (ra) in respect to delaying the burial of the Messenger of Allah (saw) until after they had pledged allegiance to a Khalifah from amongst them.

That is done in order for the Hukm As-Shar’i to be taken from each Daleel (evidence).

4) The aim of Usool ul-Fiqh is the application of its principles upon the detailed evidences to arrive to the manner of how the practical Ahkam Shari’ah are extracted.

This is whilst the aim of Fiqh is to explain and apply the Ahkam Shari’ah upon the actions of the people and their speech and it is to make every Mukallaf aware of the commands of Allah (swt) and what He has forbidden, so that the Mukallaf can adhere to it in his actions. 

Wednesday, October 26, 2016

The Objective of Usool ul-Fiqh

Usool ul-Fiqh has two main objectives:

1) To verify that the Adillah Al-Ijmaaliyah are definitely (Qat’an) from the Wahi (divinely inspired revelation). This means that is essential for these Adillah (evidences) like the Qur’an, Ijmaa’ and others to be definitely proven to be from Allah. This is because Allah (swt) says:

وَلَا تَقْفُ مَا لَيْسَ لَكَ بِهِ عِلْمٌ
“And do not pursue that of which you have no knowledge”      [TMQ Al-Israa 36]

And He (swt) says:

إِنَّ الظَّنَّ لَا يُغْنِي مِنَ الْحَقِّ شَيْئًا
“Verily speculation does not avail anything against the truth”   [TMQ Younus 36]

Therefore, the (Asl) (foundation) which is built upon must be definite in respect to proving that it is from Allah. This is because if it is not definite (Zhanni) then the possibility of difference can occur in respect to whether it is from Allah or not? And for the Masdar (source) to be considered as a Hujjah (valid proof) then it is necessary for the Daleel Al-Qat’iy (definite evidence) which is the ‘Burhaan Al-Qaat’i’ (decisive proof) to establish its consideration as a Hujjah. This is so that the Muslim is convinced and assured that what he is undertaking in terms of actions are in line with the commands of Allah and what He (swt) has forbidden.

2) The application of the Qawa’id of Usool ul-Fiqh upon the detailed Shari’ah evidences like the Ayaat, the Ahadith and others is for the purpose of arriving at the practical Ahkam Shari’ah that bind the Muslims in their lives so that they adhere to them when undertaking actions. This objective is of the most noble of objectives and that is because Allah (swt) created the human and revealed the Shari’ah to him so that he abides by its Ahkam in his life of the Dunyaa. He will then be held to account upon that on the Day of Judgement where it will either be Jannah (paradise) or the Naar (fire).

Allah (swt) said:

وَمَا خَلَقْتُ الْجِنَّ وَالْإِنسَ إِلَّا لِيَعْبُدُونِ
“And I did not create the Jinn and the human being except to worship Me”                           [TMQ Adh-Dhaariyaat 56]

And He (swt) said:

فَمَن يَعْمَلْ مِثْقَالَ ذَرَّةٍ خَيْرًا يَرَهُ ﴿٧﴾ وَمَن يَعْمَلْ مِثْقَالَ ذَرَّةٍ شَرًّا يَرَهُ
“So whoever does an atom’s weight of good will see it and whoever does an atom’s weight of bad (evil) shall see it”   [TMQ Az-Zalzalah 7-8]

The following is a practical example in respect to the manner of how to apply the Qawa’id (principles) of Usool ul-Fiqh upon the detailed Shari’ah evidences, in order to deduce or extract a practical Shar’i Hukm (ruling):

Allah (swt) states:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا
“And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]”   [TMQ Al-Baqarah 234]

And Allah (swt) said:

وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
“And for those who are pregnant, their term is until they give birth” [TMQ At-Talaaq 6]

1) If we were to take the Qaa’idah (principle) from the Qawa’id of Usool: ‘The later Nass (text) abrogates the former Nass (text)’ then the Ayah from Surah At-Talaaq would be abrogating the Ayah from Surah Al-Baqarah because it was revealed after it. The period of waiting (‘Iddah) of the pregnant woman whose husband had died would be completed by her giving birth in accordance to the Qawl of Allah (swt):

وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
“And for those who are pregnant, their term is until they give birth”  [TMQ At-Talaaq 6]

2) There are scholars of Usool who say that the Naskh (abrogation) requires another Daleel that indicates the abrogation of an Ayah by another, in addition to the issue of one being advanced and the other being delayed (i.e. in terms of the time of revelation). These scholars combined these two Daleels that appeared to be contradictory and said:

The one whose husband dies whilst she is pregnant could perceive a contradiction in respect to the length of time of her ‘Iddah (waiting period) and particularly if she was to give birth after her husband’s passing in less than four months and ten days. As such they presented the following solution:

It is possible to reconcile between the two evidences in the following way. The pregnant woman whose husband has passed away waits for the longer of the two time periods. If she gives birth before four months and ten days from the date of his death, then she waits until the four months and ten days is completed. And if that time comes to an end before she has given birth then she waits until she has given birth.

And this Tawfeeq (reconciliation) between the two evidences represents an application of the Qaa’idah (principle) in Usool ul-Fiqh that states: ‘Working with the two evidences is better (or more appropriate) than neglecting one of them’.

Adapted from the Book AlWaadih Fee Usul Al Fiqh by Shekh Muhammad Hussein

Tuesday, October 25, 2016

The Mufti of Chechnya Calls for the Division of the Islamic Ummah!

The Mufti of Chechnya, Salakh Mezhiyev hopes that a law banning Wahhabism in Russia could be reached. In an interview with Interfax-Deen, he stated, "There is no future for this notion, we issued a fatwa and adopted decisions and we went to Russia's President Vladimir Putin to regard, on the basis of these decisions, Wahhabism is considered a banned sect by law”.
In order to know the truth behind Mezhiyev’s position, we must return to the issuance date of the "fatwa," he referred to. At the end of last August, the so-called World Conference of Muslim Scholars was held in the city of Grozny, Chechnya's capital; in its conclusion the fatwa on "the existence of binding considerations that make true Islam differs from delusion” was adopted.
The failure of this conference was inevitable, because it was sponsored by the rulers of Chechnya known for their adherence to the anti-Islam Russian policy, and for their support for its criminal war in Syria. They confirmed their stance by issuing this "fatwa", which states that supporters of Sufism that is spread in Chechnya are the people of Sunnah (Ahl As-Sunnah) and the others are followers of deviant movements. It must be emphasized that the logic of this "fatwa" is in line with the understanding of the rulers of the Republic of Chechnya of Islam. To elaborate, we will quote some phrases from the text of the "fatwa" mentioned:
 “The signs that Ahl As-Sunnah and Jamma’a (the group) that are binding are three pillars: belief, Islam, and Ihsan, in full they are:
1- Ahl As-Sunnah and Jamma’a in terms of belief are the Ash’aris and Maturidis.
2- In terms of obedience to Allah, they are followers of the four schools of thought: Hanafi, Maliki, Shafi'i, and Hanbali
3- Regarding Ihsan, Ahl As-Sunnah are the ones who follow the course of ethics (Akhlaq) defined by renowned Imams, the foremost being the Sufi Imam Abu al-Qasim Al-Junaidi bin Muhammad Al-Baghdadi, Abdul Qadir Al-Jilani, Muhammad Khawaji Bahauddin An-Naqshbandi and other worshippers.
Imam Al-Junaidi Al-Baghdadi said about Sufism: "Our way is restricted by the foundations of the Qur'an and Sunnah.”
Then followed the text that lists those who do not meet those qualities, whether they are "Salafis" or "Wahhabis" or deniers of the Sunnah, "Quranists" under the agreed description "and their likes who do not follow the path of truth from the sects."
Thus, the initiative by the Chechen mufti, Mezhiyev, is pushing for the "fatwa", which describes Muslims as Wahhabis or sectarians who go outside the limits of the Sufi way. This is precisely what the Mufti Mezhiyev is advocating for to be made a law in Russia.
The Mufti’s ambition can be understood on the basis of the fact that people in Chechnya have left following the Sufi way a long time ago. In order to legitimize the illegality of the actions of the Chechen rulers against Muslims who are "intellectually opposed" to them, we find the mufti pushing for documenting of the so-called fatwa, to issue laws.
For various reasons, the "Grozny Fatwa" has received criticism by some of the Muftis in Russia. But due to the lack of a coherent and resolute stand against such a "fatwa", it has led to discussing it as a possible basis for the Russian policy that fights Islam.
Consequently, we want to clarify the following:
1- Any division of the Muslims is contrary to Islam and serves only the interests of the enemies of the Islamic Ummah. Allah (swt) says: ﴿إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ The believers are but brothers” [Al-Hujurat: 10].
2- Islam categorically forbids resolving the Islamic internal differences by going against the rulings of Islam, so worse still is to resort to man-made laws. Allah (swt) says: ﴿فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ “O you who have believed, obey Allah and obey the Messenger and those in authority among you. “And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day” [An-Nisa’: 59]
Allah (swt) said: ﴿فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ “But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves” [An-Nisa’: 65]
3- The sin is attached to all those who harm Muslims even if by implication. The Prophet (saw) said: «المسلم من سلم المسلمون من لسانه ويده» “A Muslim is the one from (the harm of) whose tongue and hand (other) Muslims are safe”.
4- From the signs of sectarianism is regarding a certain movement of being the only one following the right path (Haq) and to attach the description of "Dhaleen" (those who are astray) to the rest of the Muslims.
We also warn the Mufti from participating in the adoption of such "fatwas" due to the words of Allah (swt):
﴿وَلَا تَكُونُوا كَالَّذِينَ نَسُوا اللَّهَ فَأَنْسَاهُمْ أَنْفُسَهُمْ ۚ أُولَٰئِكَ هُمُ الْفَاسِقُونَ
“And be not like those who forgot Allah, so He made them forget themselves. Those are the defiantly disobedient.” [Al-Hashr: 19]

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